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Claim for Retroactive Reclassification and Backpay

B-204521 Apr 26, 1982
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Highlights

An Army employee was formerly employed as a budget clerk. However, she assumed many of the duties normally performed by the budget analyst when a position so classified was abolished. When the position she held was moved to a new office, she transferred with the position and was reclassified as a budget analyst, GS-5. Subsequently, her former position was reclassified to budget analyst, GS-7. Later, her office requested that her position be reclassified to the higher level position. The request was returned without action along with a note stating that she would not qualify for promotion for a year. By letter of record, the claimant requested retroactive pay for the period in question to the present. She contended that the agency's refusal to reclassify her position was unjust since by that time she had gained additional months of experience performing budget analyst duties. She also asserted that the agency's delay in promoting her to the position prevented her from fulfilling the time-in-grade requirement for a temporary position. Consequently, she was required to accept a 60-day detail to that position. The Claims Group denied her claim, because there is no statutory basis for the retroactive reclassification or for backpay during periods of wrongful position classification. The claimant asked that the claim be reconsidered. GAO held that Federal employees are entitled only to the salary of the position to which they are appointed, regardless of the duties performed. Even though a position is subsequently reclassified to a higher grade consistent with the duties the employee has been performing, such action may not be made retroactively effective. Therefore, the employee was not entitled to backpay. Accordingly, the decision of the Claims Group was affirmed.

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